SF 910

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; increasing the criminal penalty for criminal vehicular
homicide committed by a person with a prior DWI offense; amending Minnesota
Statutes 2006, section 609.21, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 609.21, subdivision 1, is amended to read:

Subdivision 1.

Criminal vehicular homicide.

new text begin (a) Except as provided in paragraph
(b), new text end a person is guilty of criminal vehicular homicide resulting in death and may be
sentenced to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the person causes the death of a human being not constituting
murder or manslaughter as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance; or

(iii) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within
two hours of the time of driving;

(5) in a negligent manner while knowingly under the influence of a hazardous
substance;

(6) in a negligent manner while any amount of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols, is present in the person's
body; or

(7) where the driver who causes the accident leaves the scene of the accident in
violation of section 169.09, subdivision 1 or 6.

new text begin (b) A person who violates paragraph (a) within ten years of a qualified prior impaired
driving incident, as defined in section 169A.03, subdivision 22, may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to crimes
committed on or after that date.
new text end